JA for Other Than Full and Open Competition - New Mexico.pdf

JUSTIFICATION AND AUTHORIZATION FOR

OTHER THAN FULL AND OPEN COMPETITION

NEW MEXICO

Revised September 14, 2020

1. Identification of Agency and Contracting Office: GSA, Energy & Acquisition Support

Branch (7PQD) Acquisition Management Division; Greater Southwest Region, Public Buildings

Service; 819 Taylor Street, Room 12B; Fort. Worth, Texas 76102

2. Nature/Description of Action: Approval is requested to negotiate and issue an EMSA

Exhibit under the terms and conditions of General Services Agency (GSA) Area Wide Contract

(AWC) GS-00P-15-BSD-1140 for New Mexico Gas Company, a public utility company regulated by the New Mexico Public Regulation Commission, to provide UESC (Utility Energy Services

Contract) services without full and open competition. The work will be performed at the building sites listed in paragraph 3 below, which is within the New Mexico Gas Company franchised service territory established by New Mexico state law and the New Mexico Public Regulation

Commission, under the terms and conditions of the AWC.

3. Description of Supplies Services: Subject to the provisions of the AWC and

Authorization, New Mexico Gas Company will provide project development and installation efforts to implement energy and water conservation projects in the following building(s):

NM0502ZZ - Albuquerque Courthouse

421 Gold Avenue, SW

Albuquerque, New Mexico

NM0050ZZ - Pete Domenici Courthouse

333 Lomas Blvd, NW

Albuquerque, NM

NM003ZZ0 - Chavez Federal Building

500 Gold Avenue, SW

NM0512AA - BLM Building

1800 12th Street, NW

NM0511AA - FSS Warehouse Depot

1600 12th Street, NW

NM0037ZZ - Albuquerque Federal Parking Garage

581 Lead Avenue, SW

(b) (6)

NM0032SN - Montoya Federal Building

120 S. Federal Place

Santa Fe, NM

NM0015SN - Campos Federal Courthouse

106 S. Federal Place

Santa Fe, NM

NM0038ZZ - Gallup Federal Building

305 W. Hill Avenue

Gallup, NM

NM0035ZZ - Roswell Federal Building

500 N. Richardson Avenue

Roswell, NM

A description of the work requirements for this project is attached hereto. Implementation of this project will allow the United States Government to effectively improve the aforementioned facilities and reduce its electricity, gas and water demand. The energy and water savings will reduce the site’s electricity, gas, and water allocation, resulting in utility cost avoidance and compliance with mandatory laws and statutes to reduce energy and water consumption. The total estimated value of the order to be issued pursuant to the AWC will be approximately $10.0 million to $15.0 million.

4. Identification of Statutory Authority: 42 U.S.C. Section 8256 of the EPACT encouraged

Government agencies to enter into agreements with electric, water, and gas utilities to design and implement cost-effective demand and conservation incentive programs in order to address the requirements and circumstances of the Government installations. The main purpose of 42

U.S.C 8256 is to authorize the Government to take advantage of the expertise, rebates, and other financial incentives offered to customers of utility service providers for reducing energy consumption (if applicable). This renewable energy project will also assist the aforementioned buildings and locations in meeting the renewable energy goals as established by the EPACT.

Under 42 U.S.C. 8256, the procedures and methods required by the EPACT are “procurement procedures otherwise expressly authorized by statute,” and, as a consequence, are exempt from the Competition in Contracting Act requirement for full and open competition under FAR

6.302-5.

5. Demonstration of Contractor’s Unique Qualifications: New Mexico Gas Company and are the two utility companies able to provide comprehensive UESC Energy Management Services (EMS) at the buildings and locations listed in paragraph 3 in accordance with 42 U.S.C. Section 8256. Both have GSA Areawide Public

Utility Contracts. Only New Mexico Gas Company expressed interest in providing the services.

did not respond to the letter of interest sent out by the

(b) (6)

Contracting Officer. The agency analyzed the expression of interest submitted by the one utility company interested in developing and proposing design-build services for a comprehensive energy project throughout the buildings and locations. Based on the evaluation, New Mexico

Gas Company with their proposed ESCO, Energy Services Group (ESG) was selected for the aforementioned services and a task order against their Areawide Contract for the feasibility study was issued to them. This Justification is for the follow-on task order for design and installation and performance period.

6. Potential Sources/Publication of Proposed Contract Action: In accordance with FAR

5.202(a) (4), the CO has determined the contract action is expressly authorized by statute to be made from a specified source. The specified source is the regulated utility company that is participating in the UESC project and the justification will be published in accordance with the requirements in FAR 6.305.

7. Determination of Fair and Reasonable Cost: The anticipated cost to the United States

Government will be fair and reasonable. The Order will be negotiated independently with the price fully substantiated as fair and reasonable. Utility will meet the requirements for open competition by selecting each of the subcontractors performing the design-build for the facilities energy improvements under the contract from a group of at least three competitors utilizing their competitive source selection process in accordance with FAR 52.244-5. Supporting documentation will be required if the utility contractor is not able to obtain competitive pricing for any Energy Conservation Measure (ECM).

8. Description of Market Survey: According to the market survey, New Mexico Gas

Company and are the utility companies able to provide

UESC EMS at the listed buildings and locations. Both have GSA Areawide Public Utility

Contracts. New Mexico Gas Company was selected after a competitive selection process as discussed in paragraph 5.

9. Any Other Supporting Facts: New Mexico Gas Company with their ESCO, ESG,can provide all of the UESC EMS design, installation and funding as well as the timely execution of the needed services. In addition to possible rebate and monetary incentives, the associated costs for procurement, contract administration, and performance assurance being performed by

New Mexico Gas Company on behalf of the United States Government will represent a significant energy savings in time and costs.

10. Listing of Interested Sources: Only New Mexico Gas Company and utility companies were available at the listed buildings and locations in paragraph 3 to provide the United States Government with the comprehensive EMS and rebates and other financial incentives required for this project. New Mexico Gas Company was selected as the most competent to accomplish this specific project as discussed in Paragraph 5.

11. Actions Taken to Remove Barriers to Competition: The acquisition and energy technical team contacted the utility companies providing utility services at the listed buildings

(b) (6)

(b) (6) and locations in Paragraph 3 to ascertain their interest, qualifications, and experience in providing UESC EMS. Competition was completed by the selected utility company in accordance with FAR 52.244-5 subcontractor selection process.

12. Statement of Delivery Requirements: The Order will be negotiated and awarded for project development, design, and installation for the listed buildings and locations in Paragraph

3 by New Mexico Gas Company. See the attached scope of work for a description of the work requirements.

13. Total Estimated Dollar Value of the Acquisition Covered by this J&A: The United

States Government estimated total cost of accomplishing the work is approximately $10.0 million to $15.0 million for a task order with project implementation and post acceptance payment periods not to exceed 25 years from date of award.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Steve Rutledge Phone No.

LEGAL SUFFICIENT REVIEW

I have determined this Justification is legally sufficient.

Helen Kearns Phone No.

CO CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(b) (6)

Teresa Thompson

CONTRACTING DIRECTOR CONCURRENCE

Carolyn Smith

COMPETITION ADVOCATE CONCURRENCE

Charles Hart

PBS Region 7 Competition Advocate

HEAD OF CONTRACTING ACTIVITY APPROVAL

Upon the basis of the above Justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 6.034.

Giancarlo Brizzi

PBS Region 7 Head of Contracting Activity

Enclosures

(b) (6)

(b) (6)